ISSUE II
December 31, 2024
Editorial…………i
ARTICLES
Perspective of the International Criminal Court’s Exercise of Jurisdiction: The “Vertical” Relation
Fernando M. Machado Pelloni…………….1-30 Download pdf
ABSTRACT
One of the main issues concerning the International Criminal Court is its system—supplementary to the systems applied by those states that signed the Rome Statute. The principle promotes the States’ primary obligation to investigate, prosecute, and punish perpetrators of international crimes. However, there are not clear rules to specify when the International Criminal Court will take part in a dispute. The role of the relation is a little uncertain, as uncertain is the situation of those states that are halfway between a national and a transnational venue. There is an attempt here.
The Development of Constitutional Review through Prominent Judicial Decisions
Buse Yalauç…………….31-54 Download pdf
ABSTRACT
In the discourse of constitutional law, the ‘judicial review’, often referred to as ‘constitutional review’, or ‘the review of the constitutionality of laws’, which supplements the ‘legality review’ of the modern democratic legal state, holds a significant position. The primary concern, though, is figuring out how this particular judicial model came to be and which countries pioneered the emergence of this model of review. Accordingly, this article will examine the British and American case law that prioritized the constitutional judicial model, focusing especially on the decisions that paved the way for the establishment of the constitutional court in Türkiye and examine the conditions under which the judicial review model emerged.
TRANSLATED ARTICLES
İsmail Bahadır Turan…………….55-76 Download pdf
Administrative science has a rich history and a robust tradition in Germany. This study shows that this tradition has lost its position to the law within the scope of the efforts of the bourgeoisie to participate in the state power through constitutional movements, and the administrative law is dominant in the field of administration. Besides, it will also demonstrate that the attempts to create administrative science separate from the administrative law were inconclusive in the context of the Weimar Period. First and foremost, the administrative science tradition’s origin is briefly discussed in this context. Subsequently, the bourgeoisie’s endeavour to gain a stake in state power is examined, as is the decline of the aforementioned tradition and the emergence of administrative law. In conclusion, the article investigates the unsuccessful endeavours to revive the tradition of administrative science. The study examines the period from the second half of the 19th century, when the new mode of production was evident and the constitutional movements developed irresistibly, to 1933, when the National Socialist German Workers Party (NSDAP) seized power, indicating a significant discontinuity in the field of administration. In this context, evidence suggests that the bourgeoisie has hindered the progression of the German administrative science tradition by employing legal mechanisms to distribute political power, resulting in the erosion of this tradition despite numerous efforts at revitalisation. The instances of the USA and France have been thoroughly examined within Turkish literature concerning discussions of objects. Nevertheless, the advancements in Germany, a nation with a significant administrative heritage and expertise, have yet to be thoroughly examined. Consequently, it is posited that elucidating the advancements in Germany may serve as a valuable complement to the influences emanating from Continental Europe, while also providing insight into the United States’ impact on Turkey.
NOTES
Balancing Romanian Criminal Justice: Penal Mediation—An Approach to Empower Victims or Undermine Traditional Justice?
Stefania Gabriela Borhan…………….77-106 Download pdf
Restorative justice, an increasingly popular process endorsed by the Council of Europe, is built on philosophical principles with practical applications in various societal conflicts. This approach emphasizes the importance of the victim and offers a holistic perspective on justice. Restorative justice aims to repair harm, enhance the offenders’ accountability, and help victims find closure. Mediation as a limb of restorative justice, rejects indifference and promotes active involvement, solution-finding, and community-based administration of justice. It shifts the focus from societal- harm to individual victim harm, treating the latter as a significant social actor. The victims’ direct involvement in mediation is a poignant reminder of the system’s empathy and concern for their well-being. However, there is a concern that restorative justice, particularly victim-offender mediation, may deviate from its core principles and become a cost-effective but inappropriate alternative to traditional criminal justice. The Council of Europe has strongly recommended that member states adopt mediation in criminal matters, as an essential part of modern justice systems. Criminal mediation is seen as a convenient tool to save time and cut costs, but there concerns about its efficacy to hold offenders accountable.
What are the Means for Ensuring Fair Treatment for Foreign Investors?
Daghan Güran…………….107-125 Download pdf
The investments made by the foreign investors are crucial for economic development. In order to attract foreign investors, they must feel safe enough to be brave enough to invest their resources into another state’s territory. How can that be achieved? In the first part of this piece of work, a brief introduction will be made to the international investment treaties in terms of how they emerged and how they are formed in today’s world. After such an explanation, the international investment treaty models, such as bilateral investment treaties and multilateral investment treaties, will be examined in order to make sense of the latter part. After covering what those treaties are, this essay will focus on its main point, which is standards of protection of foreign investments. In the standards of protection, this part of this work will aim to describe what is meant by national treatment, most-favoured nation treatment, fair and equitable treatment, full security and protection, umbrella clauses, expropriation and compensation, and lastly, dispute settlement. Then, this essay will conclude that even though there are debates on whether the form of these measures might be up for debate, they still offer considerable protection to the investors while balancing the public welfare of the host state.
ISSUE I
December 30, 2023
Editorial…………i Download pdf
ARTICLES
Appraisal of the AU’s Peace and Security Council Post-
2020 Responses to the Military Coup D’etat’s
in AU Member States
Jara Samuel.………..1-50 Download pdf
An Analysis of the Relationship Between Criminal Laws and “Cyber Law” in Nigeria, UK, US and Canada
Bitret Panan Yiljwan.………..51-75 Download pdf
A Brief Overview of Juvenile Justice System:
Key Principles and General Structure
Buse Yalauç………….76-114 Download pdf
NOTES
A Battle for the Skies: Boeing vs. Airbus
Nigel Madzima…………115-132 Download pdf
Bilateral Cooperation in Criminal Matters in European
and African Union Member States
– A Case Study: Zimbabwe
Nigel Madzima…………133-148 Download pdf
BAU Cyprus Law Journal 